|
Nov. 1.
Newcastle. |
1225. Lt. Gov. Usher to the Council of Trade and Plantations.
I entered on the Govt. Oct. 22. I found the Indians had done
a great deal of mischeife, account of wch. I judge you will have
from H.E. [Dudley]. As to this Province, in a poore miserable
condition, H.M. Fourt all out of order, being in a grievous condition,
the Capt. of the Fourtt which hath bin in itt ever since 1696
never twice in all the time exercised the Militia, att the Fourtt
of 80 barrells of powder when I left the Province, but 20 when
I came, noe flagg not one sheet of paper, or one piece of canvis
to make one cartridge; all the Militia I examined their armes
at Newcastle and found not one halfe fitt for service. Shall take
care to redress matters, for a vessell with 10 guns and 20 men
might have taken H.M. Fourtt, ye wch. is the key to ye whole
country, and off most momentt for H.M. service, etc. Signed,
John Usher. Endorsed, Recd. 10th, Read Dec. 31, 1703.
Holograph. Addressed. ¾ p. [C.O. 5, 863. No. 54; and
5, 911. pp. 162, 163.] |
Nov. 1.
Whitehall. |
1226. Journal of Council of Trade and Plantations. Letter
from Mr. Secretary Hedges, about pitch and tar, read. Mr.
Bridger and Mr. Wharton ordered to attend. |
| Nov. 2. |
Copies of papers laid before the Board by Sir B. Gracedieu
relating to the Kingston Acts, etc. granted to Col. Laws. |
|
Letter to Mr. Sansom ordered, to enquire what quantities of
tar, pitch and hemp have been imported from the East
Country 1701–2. |
|
Letter writ to Mr. Waterhouse and Mr. Haynes to desire them
to attend in order to discourse about the importation of Naval
Stores. |
| Nov. 3. |
Mr. Bridger attending, said that so great tracts of land in
America are covered with wood, fit for that service, as particularly
about 70 miles between Cape Codd and Rhode Island, and much
more elsewhere, that the country is capable of yielding tar more
than sufficient for all Europe, and he believed 6,000 barrils might
be procured in the first year, from Christmas to Xtmas, 1704,
and double the quantity next year, etc. at 30s. per barril. |
|
Richard Haynes and Richard Martin attended and promised
to make a proposal in writing. [C.O. 391, 16. pp. 248–252;
and 391, 97. pp. 653–662.] |
| Nov. 1. |
1227. Minutes of Council and Assembly of Jamaica.
Revenue Bill, Quit-rent Bill, Additional Duty Bill and the Bill
for importation of white men, to which the Board had made some
amendments, sent down. |
|
Bill for making the Cay of Fort Charles a Port of Entry was
read a third time and unanimously past. |
|
Revenue Bill sent up with one amendment only agreed to. |
|
Quit-rent Bill and Bill for encouraging the importation of
white men also sent up, the House refusing amendments. |
| Nov. 2. |
Acts for raising a Revenue to H.M.; and ascertaining H.M.
quit-rents, read the third time and past. |
|
Additional Duty Bill sent up, with the two first amendments
only agreed to, was read the third time and passed by the
majority. |
|
Bill for continuing an Act for providing an addition to the
subsistance of H.M. officers and soldiers, sent up, was read three
times and past. |
|
Bill for the importation of white men was read the third time
and past. |
|
Message sent down that the Governor required the Minutes
to this time to be immediately laid before him. |
|
The Assembly attending, the Governor gave his consent to the
above six Acts, and then addressed them:—I am sorry that
I must put you in mind that the publick faith of Parliaments
and Assemblys has been allwayes held very sacred in reimbursing
such sums as have been lent upon it, and that it has not been
duly observed by you, as you may easily perceive by your several
messages to me and the Council, whereupon several disbursements
have been made by the Treasury, some of which as yet you have
not made good. But I shall not doubt at your next meeting
but that such care will be taken that the Treasury shall be
reimburst. All of you will agree that this has been a long and
tedious Session, and that your own private affairs as well as
the publick does require your attendance in the country, where
I heartily recommend to you to put your regimentall troops and
companyes in the best order you can, in case our enemies should
make an attempt upon us etc. Once more I earnestly recommend
a good understanding one amongst another etc. And prorogued
them till Jan. 11th. [C.O. 140, 6. pp. 552–556; and 569–574.] |
| Nov. 1. |
1228. Journal of Assembly of Jamaica. See preceding
abstract under date. |
|
On request Capt. Sutton had leave to sue out a writ of partition
against the Speaker, his Honour consenting thereto. |
|
William Vassall, on request, had leave to waive his priviledge
and suffer himself to be sued at Common Law at the suit of Robt.
Bowen. |
|
Act for continuing an Act for H.M. officers and souldiers in
quarters was read and past the third time. |
| Nov. 2. |
Petition of Daniel Griffin being read, Capt. Thomas Hudson
and Major John Lewis had leave to waive their privilidges, they
consenting, and be sued by petitioner as attorney to Charles
Hobby. |
|
And see preceding abstract under date. |
|
Ordered that the Journal that was tore be transcribed fair
and left in the hands of Noah Delauny, Hugh Totterdell and
Matthew Gregory for that purpose, and to be delivd. to the
Speaker. [C.O. 140, 7. pp. 150–154.] |
| Nov. 2. |
1229. Journal of Assembly of Barbados. The House met
by virtue of a special summons from H.E. Letter from H.E.
read:—Having at the opening of this Sessions recommended to
you divers matters relating to your better security and well doing,
and withal told you how much more effectual they would be
from their dispatch, I can't but with concerne take notice that
much time is elapsed and nothing accomplished towards the ends
for which I convened you. A further delay will be fatall to you,
and that the ill consequence may not lye at my door, I doe very
plainly tell you that those amongst you who at this time lay not
aside all spirit of division, slowness and private interest, ill answer
the trust their country has reposed in them. The Excise Act
expires this month, and with it sinks that branch of ye Revenue
which is appropriated to maintain the fortifications and defray
the most necessary and immediate charges of the publick; it
will require all your application to have a Bill ready in time to
be presented to me for my assent, and experience has shewn
how prejudiciall it is to this country to lett that duty fall though
but for a day. I must recommend to your consideration the
case of sundry persons who come within the penaltie of several
Acts in relation to the payment of double taxes. It appears to
me to have happened more through ignorance then designe, and
that generally ye poorer and less able sort of people are concerned.
It will become you(r) Justice and your charity to give ease in
this matter, and if you shall think fit to prepare a Bill for that
purpose, when it shall be offered to me in a legal way, it shall
have my concurrence. I desire nothing more than to see you
established a safe, easy and a happy people; I will chearfully
do my part that you may be so, and hope you will not any longer
be wanting to yourselves. |
|
Excise Bill read a second and third time. |
|
Ordered that H.E. be addressed, and desired to take into
his consideration the moderating the duty of the Guards. |
| Nov. 3. |
The above Address was agreed to. |
|
Bill to remit penalties of divers Acts laying taxes on the
inhabitants read a first time. |
|
400l. in addition voted for putting Pilgrim's into repair for
the Governor. |
|
It was proposed to John Pilgrim to make a lease of 21 years
for his house, which the Representatives considered a short time
considering the improvements, but Pilgrim was inclinable to let
the same for 10 years. |
|
Address ordered for paying Lt. Col. George Peers 175l. sterl.
for his moiety of the value of the Constant Jane lost in the
country's service. |
|
Address ordered for the payment of 278l. 1s. 3d. to William
Reid for servants imported and placed on the country, and 18l.
sterl. to Richard Baynes for the maintenance of French
prisoners. |
|
The petition of the Hon. Samuel Cox about servants imported
referred to a Committee to inquire into and report upon within
2 months. |
|
Several petitions for money due referred to a Committee to
audit. |
|
Committee appointed to prepare a Bill to prevent the running
away with boats continued for one month longer. |
|
Major Pilgrim said he was not inclinable to allow anything
towards what had been done to his house, for that he did not
esteem them as repairs, but alterations; but in case the lease
should commence from the time the same was taken under the
rent of 120l. and the country to bear all taxes and' no allowance
for alterations, then he was willing to grant a lease for 21 years;
but withall did own that H.E. was to have a lease thereof for as
long time as he thought fitt, and that Pilgrim was to allow towards
the repairing as far as one, two or three hundred pounds would
goe. |
|
It was recommended to this House that H.E. from Session
to Session and at any other time and times as he shall think fitt
may have a view or copy of the Minnetts of the Assembly, which
was consented to. [C.O. 31, 7. pp. 130–135.] |
Nov. 2.
St. Jago de la Vega. |
1230. Minutes of Council of Jamaica. Various salaries
paid. [C.O. 140, 6. pp. 181, 182; and 193.] |
Nov. 3.
Boston. |
1231. Minutes of Council of the Massachusetts Bay.
6l. 19s. 8d. paid to Major General Thomas Povey for his expenses
at Portsmouth. Accounts of Andrew Belcher, Commissary
General, committed. |
| Nov. 4. |
1,825l. 18s. 11d. paid to above for stores supplied to the garrisons
eastward and the Province galley, Sept. 14—Oct. 23. [C.O. 5, 789.
pp. 544, 545.] |
| Nov. 3. |
1232. Minutes of Council in Assembly of the Massachusetts
Bay. H.E. summoned the Representatives to attend, and
Samuel Gibson, of Cambridge, was heard upon his petition
complaining of a mistryal in a suit commenced against him by
John Gove for trespass, etc. and appealed against 1695. |
|
Case of Wm. Merrick heard. |
|
Petition of Mrs. Penelope Winslow, referring to a grant of
800 acres formerly made to Herbert Pelham, heard. |
|
Petition relating to the Great Drawbridge over the Mill-crick
in Boston adjourned. |
| Nov. 4. |
H.E. sent a message to the House desiring them to proceed
with the questions of salaries and Pemaquid, and that no members
might be dismist until answers were made thereto. Answer
returned that the House were upon consideration thereof. |
|
Committee on the Bill relating to the Proprietors in common
and undivided lands, recommended it be laid aside at this Session. |
|
Message sent up to inquire after an Order passed in ye House
at a former Session for ye stating of officers' and souldiers' wages;
a Bill relating to executors; a Bill relating to the Poor; and a
Bill relating to ye proceeding in Appeals upon judgment given
in bar or abatement. |
|
H.E. summoned the House to attend the hearing of the case
of the great drawbridge. |
| Nov. 5. |
Bill relating to executors read a second and third time, passed
and sent down. |
|
Order that there be a full hearing of the case of Samuel Gibson
(Nov. 3) at the next Inferior Court of Common Pleas in Middlesex,
send down and agreed to. |
|
Bill in addition to the Act about pounds, sent up, was read a
first time. |
|
Resolve in the case of Harwich and Manamoit sent down. |
|
Resolve as to the great Drawbridge sent down. |
| Nov. 6. |
Report of the Committee appointed to meet the Committee
of Connecticott, referring to the line betwixt the two Governments,
sent down. |
|
Report of the Committee appointed to inquire into and
examine the Indian claims to several tracts of Land, read. |
|
A Bill in addition to the Laws relating to appeals read a first
time. [C.O. 5, 789. pp. 879–882.] |
Nov. 4.
Whitehall. |
1233. Journal of Council of Trade and Plantations. Letter
from the Secretary to Mr. Burchet writ desiring him to remind
the Prince's Council of obtaining H.R.H. opinion on the Kingston
Act. |
|
Progress made in Report upon importation of pitch and tar. |
|
Letters to Mr. Bridger and Mr. Haynes to bring in their proposals
to-morrow ordered. |
| Nov. 5. |
Letter from Gov. Sir B. Granville, Aug. 8, read. Copy sent
to Mr. Lowndes with letter. |
|
Edward Broughton representing that, about 1695, having by
Sir W. Beeston and the Council of Jamaica been put into the
office of Receiver of that Island, then vacant, he is now sued here
for the profits of that place by the Patentees, and thereupon
desiring a copy of Sir W. Beeston's Instructions, Ordered that
the same be given to him. |
|
Mr. Haynes excused his not being ready and promised to lay
his proposals (Nov. 4) before the Board to-morrow, as also Mr.
Bridger. |
| Nov. 6. |
Their proposals were read, and they were directed to attend
on Monday. |
|
Letter to Mr. Secretary Hedges written [but not sent: Cf.
Nov. 11, 12]. [C.O. 391, 16. pp. 253–257; and 391, 97. pp.
663–671.] |
Nov. 4.
Portsmouth. |
1234. Minutes of Council of New Hampshire. Nathaniel
Fryer, on his petition, was dismist from being a member of this
Board, on account of his age and infirmities. |
|
Ordered that all the former Treasurers bring in their accounts
from May 16, 1694—May, 1700, to be audited. |
|
The Lt. Gov. (Usher) acquainted the Board that there was
letters from Whitehall that all the Records of this Province should
be lodged in the hands of the Secretary. Samuel Penhallow, who
now hath the keeping of them, said that they were put into his
custody by an Order of the L.G., Council and Representatives.
He was ordered to produce the said order to this Board at their
next sitting. |
|
H.E. having proposed the removal of John Hinkes from his post
as Captain of H.M. Fort for several reasons, it is the opinion of
the Council that in case H.E. should make any alteration,
Shadrach Walton is a very fit and proper person to receive a
Commission as Capt. of the same. |
|
John Cotton and Ephraim Manston paid for going post to
Boston. |
|
H.E. acquainted Col. Romer that there were several imprest
men at H.M. Fort to attend his orders, and that considering
the season of the year, they could do no work to the Fort. Col.
Romer agreed it was proper to dismiss them and impress no
more till next Spring. Ordered accordingly. |
|
Ordered that there be two men imprest at Newcastle to serve
as souldjers at the Fort. [C.O. 5, 789. pp. 151, 152.] |
Nov. 5.
Whitehall. |
1235. William Popple to William Lownds. Enclosing extract
of Sir B. Granville's last letter relating to the pay of the gunners
to be laid before the Lord High Treasurer. [C.O. 29, 8. p. 341.] |
Nov. 6.
Treasury Chambers. |
1236. Wm. Lowndes to Wm. Popple. It is my Lord
Treasurer's desire that when any doubts arise before the Council
of Trade and Plantations in points of Law, Mr. Borret, Solicitor
for the Treasury, be directed to attend H.M. Attorney and Solicitor
Genll. thereupon. Signed, Wm. Lowndes. Endorsed, Recd.
Read Nov. 9, 1703. Addressed. Sealed. ¾ p. [C.O. 323, 5.
No. 22; and 324, 8. pp. 267, 268.] |
Nov. 6.
Boston. |
1237. Minutes of Council of the Massachusetts Bay. 12l. paid
to Benjamin Marston for the hire of his sloop in 1702. [C.O. 5,
789. pp. 545, 546.] |
| Nov. 8. |
1238. Sir B. Gracedieu and Others to the Council of Trade
and Plantations. Reply to Sir Gilbert Heathcote and Col. Lawes,
Oct. 16. It is true that as soon as the Governour had consented
to the Laws for disfranchizeing Port Royal and divesting the
Freeholders of their propertys there, it was proclaimed at Port
Royal, Kingston and Spanish Towne, which being not usual
with other Laws, we suppose was occasioned by the zeale and
warmth of those Gentlemen whose interest led them to procure
the framing and passing those severe Laws, but it's a mistake that
the offices were removed to Kingston on this Proclamation, for that
they had been oblidged to be kept there, as well as at Port Royal,
ever since 1692, the offices indeed ceased at Port Royal, tho'
the Receiver General and many other eminent persons still chose
to live there. It's true that by compulsion of those Laws many
of the merchants and inhabitants of Port Royal resorted to
Kingston, some few began to build new houses etc., on which
the sums laid out bear no proportion with those on Port Royal,
and its probable those persons would have settled there if constant
inconvenienceys attending that place had not so soon and so
sadly affected them as to oblidge their return to Port Royal,
where they are allowed meat, drink and other necessaries of life,
notwithstanding the severe prohibitions of these Laws. As to
the fatal consequences suggested to attend abundance of people,
if those laws be not passed, we denye them intirely, for that we
don't pray the seat of Trade may be removed from Kingston,
noe, lett them enjoy it still, we only begg that those merchants
and others may live and trade on Port Royal as formerly, who
find it most safe and convenient for their ships, trade, and most
healthy for their bodys, and so the builders at either town will
have no cause to complain of injustice, being left to their own
liberty and freedom. Nor is there the least parallel between the
losses on Port Royal and Kingston, for if those Laws pass the
Royal assent, all those buildings on Port Royal and the vast
sums expended thereon, far exceeding those at Kingston, will
be intirely lost, to the utter ruin of most the Proprietors, whereas
if not, yet the builders at Kingston will still enjoy all the freedom
and advantages of trade, markets etc. they can reasonably desire,
and all ships that will may go up to them, the offices being still
obliged to be kept there. As to Col. Lawes, we have a very just
vallue for his good character, having lived 40 year on the Island,
long of the Council and Chieff Justice, as Sir Gilbert Heathcote
saith, who tho' an honest gentleman, yett by his freinds there
is said to be very warme and mightily biassed in this matter,
which may be very excusable in a person who hath so large an
estate so near Kingston, but yet there are of a quite different
opinion, Col. Beckford, Col. Ayscough, Col. Knight, Col. Watson,
Col. Sadler and many others of the Council, Assembly and most
eminent planters, merchants, freeholders and traders etc. As
to Col. Lawes asserting that the generallity of people seemed
to be resolved never more to trust their lives and estates on Port
Royal, many persons of worth and value would never leave it,
and utmost application by petition was made to the Council
against those Laws, tho' the Petitioners were refused to be heard,
and threatened for so humbly endeavouring to preserve their
liberty and property. As to the value of the lotts there, it is very
little in so incommodious a place, and one of us having lotts there
ever since 1692, could never yett sell them for so much money
as it cost him to clear the wood or running them out. As to the
ships delivering and lading at Kingston after the Laws passed
there, they did it by force to their great hazard, charge and delay,
however if it be most convenient for them, they may and will
always go up to Kingston, tho' this Law be rejected, but as to
the Masters' opinion thereof, we refer to their declarations. The
buildings at Port Royal are much more numerous and valuable
since the fire than at Kingston, and the permission of the
Government since the passing these Laws is an evident
demonstration that both Governour and people do by dayly
experience see the necessity of resettling it. It is so well peopled
that by a person come lately thence we are told that there being
an alarum sounded on ye danger of an enemy since ye fire, there
presently appeared at arms allmost 300 effective men. Col. Lawes
owns the Forts at Port Royal to be still standing, whereas indeed
they are in much better condition then formerly, when they so
deterr'd formidable enemys that they durst not attempt entering
that harbour, and as to the provisional subsistance for defending
those forts, if any such be made, its but for a few men and that
cant be supposed to be sufficient for the defence thereof, the Royal
Fort and the others there having above 120 guns mounted, some
of them of brass and of great weight and bigness; besides we
are humbly of opinion that the Forts will be most safely defended
by the assistance of the inhabitants, in which Col. Lawes agrees,
having frequently at your Honours' Board declared that if the
Forts at Port Royal be maintained, then the people must be
permitted to build there again; if the town be not rebuilt, then
the Forts must all be destroyed. |
|
If Col. Lilly says that ships and trade are more safe at Kingston
without a gunn then at Port Royal wth. all its fortifications,
this seems very strangely asserted, but it may be true in part,
for that if the ships are once gott through the narrow Channel
into Kingston Harbour, and the Harbour of Port Royal left open
to an enemy, 'twill be easy for them to sink one or two flyboats
loaden with stones in the narrow Channel going to Kingston,
where there being no tide nor other convenience for weighing
vessels again, the Channel cant possibly be cleared in many
months, if at all, and so tho' there may be 10 men of war and
20 merchant ships there, all will be blockt up and rendred useless,
and the Parish of St. Katherines, Spannish Town (where the
Governor resides) and almost ¾ of the Island will be all exposed
to the insults of an enemy riding in Port Royal Harbour, tho'
Kingston may perhaps be thus sadly secured. Beside, Col. Lilly
must know that all ships coming into or going out of Kingston
Harbour must first anchor for some time and ofttimes for many
days in Port Royal Harbour, where, if there be no fort to defend
them, they will be more liable to the enemy's ships of war or
privateers than if in the open sea. As to Col. Lawes last assertion,
that if the Laws do not pass, the new builders at Kingston must
suffer a far greater calamity than when deceived after the earthquake, the answer is plaine, tho' this Law don't pass, they will
still enjoy their buildings with equal advantages and immunitys
as Port Royal, and its strange they should so earnestly pursue and
desire their private advantage, if it can be obtained no other
way then by the ruin of their neighbours' lives, lands and estates,
and the utmost danger to H.M. Island. As to the Governor,
Council and Assembly there being thought improper judges
where they shall remove the chief seat of Trade after so many
years being at Port Royal with safety and success, we hope still
to enjoy that security and happiness in H.M. decisive Order in
Council to reject those Laws, so dangerous to her Island and
destructive to her subjects and their trade. Signed, Bartho.
Gracedieu, Benj. Way, James Whitchurch, Ste. Mason.
Endorsed, Recd. Read Nov. 9, 1703. 3½ pp. Enclosed, |
|
1238. i. Memorial of Masters of ships, that Port Royal is
much more convenient for shipping than Kingston.
[See above and Oct. 30.] 21 Signatures. 1 p. [C.O. 137,
6. Nos. 13, 13.i.] |
Nov. 8.
Bristoll. |
1239. [Major] Yates to William Blathwayt. Enclosing
following to be laid before the Board [of Trade]. Signed, Robert
Yates. 1 p. Enclosed, |
|
1239. i. Reasons offered by the merchants of Bristol for the
resettlement of Port Royal. (1) It is navigable without
the help of Pilots; Kingstowne lies about 2 leagues
within the harbour and the channel leading thereto
being in showle water and many turnings is (tho' with
the assistance of pilots) very subject to misfortunes by
running on ground. (2) Port Royal is a harbour where
ships may ride safe and load at all times, whereas at
Kingstowne the ships ride in danger by the violence
of the sea-breezes and can neither discharge nor load
while those breezes continue, which are generally from
9 a.m. to 5 p.m. (3) The fortifications at Port Royal
are very strong; none at Kingstowne, and if there
were, could not secure the Island and trade, for if Port
Royal were left under command of soldiers only, the
enemy may make-a lodgment thereon and easily burn
the ships and town of Kingstowne, likewise hinder any
ships from going to or from thence by sinking ships
in the narrowest part of the channell leading thereto,
to the utter loss of the Island. (4) Port Royall is
esteemed to be the healthiest place of the Island, whereas
Kingstowne lyes very near morasses and swampy ground
yt. occasions very noisome and stinking vapours, which
by experience hath proved very unhealthy, and especially
since the burning of Port Royall, above one fourth of
the people that removed thence to Kingstowne being
already dead. And it was one reason of the sailors
deserting the Island and going to Curasoa, that they
could not be permitted to continue at Port Royall.
(5) Port Royal is the most convenient place for the
trade and disposal of all goods. 56 signatures. Endorsed, Recd. 11th, Read Nov. 12, 1703. 1 large p.
[C.O. 137, 6. Nos. 12, 12.i.] |
Nov. 8.
Whitehall. |
1240. Journal of Council of Trade and Plantations. Mr.
Haynes and Mr. Bridger attending, promised to reconsider their
proposals and remove ambiguities therein. |
| Nov. 9. |
Letter from David Waterhouse and Stephen Mason; as in
answer writ Nov. 2, whereby they appear to have mistaken ye
subject for which their Lordships then desired to speak with
them; the Secretary wrote again to acquaint them that the
matter now under consideration does not concern the Charter
which they formerly opposed, but relates to the bringing of pitch
and tarr from the Plantations by private undertakers, and to
desire their particular proposals to-morrow. |
|
Letter from Mr. Burchet (Nov. 8) signifying that Rear Admiral
Whetstone being now in town a report will be made in a few
days upon the Kingston Acts, read. |
|
Letter from Mr. Lowndes (Nov. 6) read, and Mr. Borrett
ordered to attend to-morrow. |
|
A circular letter from Lord Nottingham, Oct. 26, being
communicated to this Board, a letter was thereupon writ to his
Lordship. |
|
Memorial presented by Sir B. Gracedieu read. |
| Nov. 10. |
Mr. Bridger's proposals read, as also Mr. Haynes'. Mr. Mason
and Mr. Oursel attending, promised to prepare proposals against
to-morrow morning. [C.O. 391, 16. pp. 258–263; and 391, 97.
pp. 675–683.] |
| Nov. 8. |
1241. Minutes of Council [in Assembly] of Barbados. Petition
of Capt. John Smith, Alexander Forrester and others read, setting
forth that they were informed that the Hon. Saml. Cox had
made complaint to H.E. that they were supposed to have
committed great misdemeanours and breach of the Peace on
Friday last at night, and that he had issued his warrant for bringing
them before him; that petitioners knowing themselves noways
guilty of any misdemeanours or breach of the Peace, and that
they only mett in the Old Church Yard to solemnize Nov. 5th
in a legal and accustomed manner, and therefore desired H.E.
would supersede said warrant, and hear the merits of their cause
in Council, or else that it might be referred to the examination of
the two next Justices of the Peace, where the supposed offence
was alleged to be committed. Petition dismissed. |
|
Account of Edward Arnell referred to the Assembly to report
upon. |
|
H.E. having been informed that a prisoner, who was committed
for piracy as also another for felony, had lately made their escapes
out of the common goale, and supposed to be wilfully or through
the neglect of George Wilshire, the keeper, H.E. ordered the
Attorney and Solicitor General to prosecute him at the next
Grand Sessions. |
|
Bills for laying an imposition upon wines and other strong
liquors; and for the encouragement of white servants sent up
from the Assembly. |
|
Vote sent up from the Assembly of 400l. more for the repair of
Pilgrim's house. |
|
Address for the payment of Mr. Reynoldson's account sent up. |
|
Address for the payment of 625l. 18s. 9d. to Capt. Kingston
Townsend, for provisioning the Larke, sent up. |
|
Excise Bill read twice and committed. |
| Nov. 9. |
Ordered that writs be published in the parish churches for
holding the Grand Sessions the second Tuesday in December. |
|
Excise Bill read a third time and passed. |
|
Bill for encouraging white servants read the first time. |
|
And see Journal of Assembly under date. |
|
H.E. replied to the Address of the Assembly (there given).
Nothing can pleasure me more than to find my endeavours are
acceptable to you. I am sorry that the guarding is troublesome
to the people, but the publick will be very unsafe if the coast
bee left naked; that I might contribute all I could to their ease,
I have freed them from all duty but what relates to their own
preservation, and exempted them from that attendance on my
person which had beene customary to my predecessors. If you
can propose any better way I shall embrace itt etc. |
|
Writ for choosing a Member for the Parish of St. Phillipp's
in the room of Lt. Col. Ince issued. |
|
Petition of Lt. Col. Wm. Terrill to be reimbursed for parish dues
for Fontobell Plantation during the Governor's residence there,
referred to the Assembly. |
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Payment of Thomas Reynoldson's account ordered. |
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700l. ordered to be paid towards the repairs etc. of Pilgrim's
House. [C.O. 31, 8. pp. 141–149.] |
| Nov. 8. |
1242. Minutes of Council in Assembly of the Massachusetts
Bay. Petition of Bernard Trott, praying for the revival of an
Order passed by the Governor and Council of the late Colony
of the Massachusetts Bay, 1677, for 59l. to be paid to him for
redeeming two Indians, read. |
|
Petition of Joseph Bean, read and sent down. |
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Bill in addition to the Act about Pounds read a second time
and committed. |
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Resolve about the great Drawbridge was returned from the
Representatives with their non-concurrence. |
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Order referring to Harwich and Manamoit returned with the
concurrence of the Representatives:—that Gershom Hall, Benj.
Hall, Samuel Hall, Munoa Ellis, Joseph Sefference, and Samuel
Nicholson pay their quotas of charges to the town of Harwich,
there being a learned orthodox Minister there, until there be
one settled in Manamoit, when this Court may take further order. |
|
Message sent down to move the House to consider of a supply
of the Treasury to carry through the winter and to procure a
stock of powder with, and that they will bring forward the public
business lying before them. |
| Nov. 9. |
Bill in addition to the Act about Pounds read and rejected,
and a new one drawn up. |
|
H.E. sent a message that he was very ill and not able to come
to town. |
| Nov. 10. |
Resolve sent up, for establishing officers and souldiers' wages,
read. |
|
Resolve sent up, for encouragement to the forces that are or
shall be detached against the Indian enemy, read. |
|
Order sent up, for reviving the Committee to prepare a bill for
further encouraging of Schools, read. [C.O. 5, 789. pp. 882,
883.] |
Nov. 9.
Whitehall. |
1243. Council of Trade and Plantations to the Earl of
Nottingham. Having received from your Lordship's Office a
Circular Letter from your Lordship of Oct. 26, to the Governors
in America, by which we observe that H.M. subjects are equally
forbid any trade with the Spaniards as with the French, which
we conceive to be contrary to our opinion formerly offered to
your Lordship, pursuant whereunto letters were writ to the
respective Governours, as also to our Report now in your Lordship's hands to be presented to H.M., we take leave to report,
that in this conjuncture a distinction between the French and
Spaniards in America is become more than ever necessary in
point of trade, and desire that your Lordship's letters may not
be sent till H.M. pleasure be known upon our Report, to which
we refer ourselves. Signed, Weymouth, Ph. Meadows, Wm.
Blathwayt, John Pollexfen, Mat. Prior. Autographs. 1 p.
[C.O. 5, 3. No. 8; and 324, 8. pp. 270, 271.] |
| Nov. 9. |
1244. Journal of Assembly of Barbados. William Holder
re-elected Speaker. Several Committees were renewed. |
|
Samuel Maynard appointed a Member of the Committee on
the Act of Militia in the room of Lt. Col. Ince decd. |
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Col. Leslie, Enoch Gretton and Henry Harding excused attendance being sick. |
|
Address in reply to H.E. (Nov. 2) passed with amendments:
As the neglect and delays which have lately happened in the
publick affaires which you so earnestly recommend to me in
your gracious speech having justly laid us under your resentments
and ought to put those amongst us, who have been the cause of
such a stagnation in business, upon a serious and speedy
reformation, so we hope that for the future we shall be all of
us ready by our constant attendance to retrieve the time which
we have lost, that so great a progress may be made in those
matters in your said speech mentioned, that it may result into
those publick advantages which are the objects of your Excellency's
extraordinary care for our preservation. Nothing can be a greater
manifestation of your Excellency's good and gracious Intentions
then the kind letter (Nov. 2) representing the unreasonable divisions
amongst us as the cause of our neglects in the pressing and emergent
affairs of our Country, which hath had so good effect that wee
yesterday were enabled to pass the Bill of Excise and thereby
preserve that great Revenue which was just sinking. The
comiseration which your Excellency hath for the condition of
those persons who have been returned as offenders against the
several Statutes, as 'tis an Act of great charity and compassion,
so 'tis a convincing argument of your Excellency's universal
concern for our well being, and more fully demonstrates that
you intend nothing so much as zealously to promote our felicity
in every particular. And 'its from this confidence and in the
dependance wch. we have in your Excellency's good disposition
towards us, that we do most humbly lay before you the heavy
burthen the Inhabitants in general lye under from the guarding,
but especially the poorer sort of people amongst us, who are
reduced to the last extremity, which may be of fatal consequence,
unless your Excellency will be pleased speedily to interpose with
your gracious favour. We shall not presume to offer our advice
as to the regulating the Guards, but we doubt not such is the
sprightly conduct of your Excellency that you will fall on such
measures as may at once both ease us of our burthen and secure
us from the insults of our enemies. |
|
Bill for remitting penalties read a second and third
times. |
|
The Assembly waiting upon H.E. and Council delivered the
above Address and Bill, and acquainted H.E. with the resolves
of the House for the maintenance of the Governor's House, and
desired a writ for the election of a Representative in place of
Lt. Col. Thomas Ince. |
|
Joint-Committee appointed to make agreements with John
Pilgrim. |
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Lt. Col. George Peers was approved of by the Board to be
keeper of the Stores of the Magazeen. |
| Nov. 10. |
The Members present being but 12 adjourned till Tuesday
come sevennight. [C.O. 31, 7. pp. 135–139.] |
Nov. 9.
Portsmouth. |
1245. Minutes of Council of New Hampshire. H.E. communicated part of H.M. Instructions to Governor Dudley, that
in the absence of any of the Council above 12 months without
leave etc. to be null and void as Members of Council, etc. |
|
Ordered that an oath be given to the L.G. and Council for the
administration of Justice in cases of Appeal. |
|
Petition of Elizabeth Wybird relating to the seizure of four
baggs of cotton in 1701 by Sampson Sheafe read. Ordered that
he attend to-morrow to answer it. |
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Petition of Tobias Langdon read, that he having the command
of one of the companys of Militia in Portsmouth, did carry his
company to the training field to exercise them, and finding a
fence about the said field, did with the concurrence of the Militia
officers of the other Company and his own remove it. Whereupon
Wm. Cotton, who set it up, made complaint to Lt. Gov. Partridge
and Council, who were pleased to amerce petitioner 2l. 10s. 0d.
costs, and ordered execution against him without having the
benefit of the law and liberty of a subject to be tried by his peers
in a legal course. Prays to be acquitted of said cost, or at least
that the execution be suspended until William Cotton legally
make out his title to the said traineing field, which hath been
occupied for that use above 40 years. Ordered that Wm. Cotton
attend to-morrow. |
| Nov. 10. |
Petition of Capt. Robert Eason for abatement of powder
duty, read. |
|
Mr. Sampson Sheafe, attending, owned the substance of Elizabeth
Wybird's petition (Nov. 9). Writ of Delivery ordered, directed
to the Deputy Collector of H.M. Customs, to deliver the said
four baggs of Cotton-wool to petitioner, she first giving in sufficient
security to H.M. that in case the said wool shall become forfeited,
by any decree of the Judge of the Court of Admiralty, before
whom it was tried, within three months, to pay to H.M. the value
of the cotton-wool according to apprizement by three just and
honest men; but if no such decree pass within 3 months, the
same having laid undetermined after trial in said Court ever
since last Feb., that then the said bonds be null and void. |
|
Samuel Penhallow delivered the Orders of Council etc. required
of him (Nov. 4). The L.G. delivered an acct. of what Records
were put into Major William Vaughan's hands, formerly Recorder,
and now in Mr. Penhallow's. |
|
Ordered that the Secretary write to H.E. [? Dudley] that this
Board humbly offers that as Capt. Eason intends the latter end of
this month to sail for England, that H.E. would order an Assembly
to meet some convenient time before, in order to lay before H.M.
the present state of the Province. [C.O. 5, 789. pp. 155—160.] |
Nov. 9.
Portsmouth. |
1246. Minutes of Council and Assembly of New Hampshire.
Present, Lt. Gov. John Usher etc. Petition of Robert Eason,
Capt. of the Thennett, built in the Piscataqua and in the Queen's
service fetching timber ever since, praying for an abatement
of powder-duty for that reason, read. |
|
H.E. summoned the Assembly and prorogued them for a month,
having received a letter from Governor Dudley "signifying his
desire to prorogue you for another month, designing to see you."
[C.O. 5, 789. p. 347.] |
| Nov. 10. |
1247. J. Bridger to the Council of Trade and Plantations.
In obedience to your Lordships' commands, I humbly propose
for myself and others, to supply H.M., from her own Plantations
in North America, with 2,500 barrells of pitch and tarr in 5 years
to commence from May 31, 1704, at the rate of 20s. per hundred
of pitch, and at 30s. p. barrell of tarr, each gauging thirty gallons,
to be delivered at Deptford, danger of the seas and restraint of
Princes excepted. Provided H.M. advance and pay to the
Undertakers in specie at or before the signing of any contract
the summe of 6,000l., and after the compleating of the first years
contract to advance towards the second year, 4,000l. and the third
year 3,000l., the like summ for the fourth year, and 2,000l. for
the fifth year; H.M. to find convoy etc., and to protect so many
men as are necessary for the sayling of those ships so imploy'd;
H.M. to grant letters to the severall Governours to assist encourage
and countenance this undertaking. The Undertakers humbly
take leave to acquaint your Lordships, that they conceive those
stores cannot be furnished at present from those Plantations
under the rates proposed by reason they are obliged to procure
servants here, and to transport them to the Plantations (without
which so great quantities cannot be raised, labourers being very
few and dear there). They are further of opinion that after the
expiration of this contract they shall be able to furnish H.M.
at a cheaper rate, and with greater quantities; and for the
encouragement of this undertaking, 'tis humbly hoped H.M.
will grant that all naval stores imported from her own Plantations
may be custome free. Signed, J. Bridger. Endorsed, Recd.
Read Nov. 10, 1703. 2 pp. [C.O. 5, 863. No. 55; and 5, 911.
pp. 131–133.] |
Nov. 10.
London. |
1248. Proposal for importing Pitch and Tarr from H.M.
Plantations. Offered by Richard Haynes. Endorsed, Recd.
Read Nov. 10, 1703. 2 pp. [C.O. 5, 863. No. 56; and 5, 911.
pp. 134–136.] |
Nov. 10.
Perth Amboy. |
1249. Journal of Assembly of Nova Cesaria [New Jersey].
Obadiah Bown, Jedadiah Allen, Michael Howden, Peter Van
Este, John Reid, John Harrison, Cornelius Tunison and Richard
Hartshorn, for the Eastern Division; Thomas Lambert, Will.
Beedle, Will. Stephenson, Restore Leppincot, John Key, John
Hugg jr., Joseph Cooper, Will. Hall, John Mason, and John Smith,
for the West Division; Peter Fretwel, and Tho. Gardiner for
Burlington; Tho. Gordon and Miles Forster, for the City of
Perth Amboy, were all duly sworn or attested as Members. H.E.
communicated the original writs and returns to the House. He
appointed Will. Anderson Clerk of the Assembly, who took the
oaths appointed. |
|
Tho. Gardiner was chosen Speaker. He was approved by
H.E., who recommended the Council and Assembly to apply
themselves heartily and seriously to the reconciling the
unhappy differences of the Province etc. He recommended to
the Assembly that the Bills they should think fit to offer should
not be repugnant to the Laws of England; that the stile of
enacting should be by Governor, Council and Assembly, and
each different matter enacted by a different Law. In all Laws
granting money and imposing fines express mention to be made
that the same is granted unto H.M., her heirs or successors, for
the public use of this Province and the support of the Government
thereof. "I am farther commanded by the Queen to recommend
it to you to raise and settle a Revenue for defraying the necessary
charge of the Government of this Province, in order to support
the dignity of it; and to prepare a Bill or Bills whereby the
right and property of the General Proprietors to the soil of this
Province may be confirmed to them, according to their respective
rights and titles, together wth. all Quit-Rents and all other
Privileges, as are expressed in the conveyances made by the
Duke of York, except only the right of Government which remains
in the Queen. H.M. has been graciously pleased to grant to all
her subjects in this Province (except Papists) Liberty of Conscience.
No Governor is henceforth to receive any present from the
Assembly. In reply to the request of the House that H.E. would
grant them their accustomed rights and privileges, vizt. (1) that
their members and servants be free from arrest or molestation
during the Session, (2) that they may have free access to H.E.,
(3) liberty of speech and a favourable construction of all debates,
(4) that if any misunderstanding should happen to arise between
the Council and this House, a Committee of the Council may be
appointed to confer with a Committee of this House for the
adjusting and reconciling all such differences; H.E. granted
the three first, but rejected the fourth as an innovation. |
| Nov. 11. |
Address to H.E. agreed upon, expressing the thanks of the
House for his Speech and their satisfaction in his appointment.
"We are well assured the Proprietors, by their surrendry of their
rights to the Government of this Province, have put us in
circumstances much better than we were in, they not being able
to protect us from the villanies of wicked men, and we have an
intire dependance on H.M. that she will protect us in the full
enjoyment of our rights, liberties, and properties. … We
think our stars have been propitious in placing us under the
government and direction of the greatest of Queens and the
best of Laws etc. We shall joyn our utmost endeavours to unite
our unhappy differences etc. We shall follow the directions given
in your Excellency's Speech with what dispatch the nature of the
things require." |
|
All the Members agreed to the subject matter of the above,
though several of them dissent from the stile of some of the
expressions. |
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The House attending, H.E. accepted their address very kindly. |
